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The Vinton record. (M'arthur, Vinton County, Ohio) 1866-1891, July 30, 1874, SUPPLEMENT, Image 5

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The Vinton Record.
SUPPLEMENT. The New Constitution.
The undersigned, in obedience to the
uiuci ui iiw vAiDBuiuuunu vonventiou,
submit for your consideration a statement
of the more material amendment of the
organic law of the State proposed in the
new Constitution. We hare aoaght to
state only the substance of the changes,
without Riving at large the reasons which
Except in sections five, eight and ten,
this Article is substantially unchanged.
These sections are so amended that in
suits for less than one hundred dollars the
jury need not consist of more, than six
persons; the writ of habeas corpus can be
suspended only in such manner as shall
be prescribed by law; and suits cannot be
brought by publication unless the Court
shall be satisfied that the residence and
postoffice address of the party cannot be
found, so that he shall have actual notice.
The amendments proposed in this Arti-
cle will have a most decided effect upon
the future legislation of the State.
. 1. Biennial Election in November. As
no State officer is elected for a term less
than two years, it was determined, to save
the great expense and inconvenience of
annual elections, that the election or all
State, countr and legislative officers be
held biennially, on the luesday after the
first Monday in November, being the day
fixed for the election of President, and. by
a late law Of the United States, for the
election of members of Congress after this
2! Leqidaiive Purity. It is provided in
-section four that no person interested in a
contract or unadjusted claim against the
State shall hold a seat in the General
Assembly, lest by considerations of per
sonal profit he be Influenced to do a pub
lic wrong. ,
3. P-r Diem Abolished. The cost of a
legislative session, other than the compen
sation of members, is large, its magnitude
depending on its duration. Absenteeism,
resulting from railroad facilities and per
diem payment, has often heretofore re
sulted in protracting the sessions. It is
therefore provided (Sec 33) that members
shall be compensated only by a fixed
annual salary.
4. Annual Sessions. Biennial sessions
of the General Assembly, as provided in
the Constitution of 1861, have not been
observed. The necessity for annual ses
sion in a State of such vast wealth, busi
ness and population as Ohio, having been
demonstrated by experience, a return to
that system is provided. (Sec; 28.)
5. The Veto. Hasty, inconsiderate, and
sometimes partisan legislation is incident
to an unrestrained legislative body; and
where large sums are to be expended, and
the purposes of monopolies and powerful
corporations to be promoted, its delibera
tions are not alwaya free from the in
fluence of the lobby. To mora effectually
guard against these alusfS..iheConTen
tion, after much discussion, concluded to
follow the example of nearly all the other
States, and clothe the Governor with a
qualified veto." (Sec. 18.) The difference
between threefifths, required by this sec
tion to pass a bill over a veto, and the
mere maioritv. which a law must obtain
in any case, is only ten in the House of
.Representatives, ana lonr in tne (senate.
It was thought that ten days of delibera
tion by the Governor, free from the ex
citement acd influences which sometimes
control popular bodies, might often pre
vent great mischief.
6. Appropriation Bills. A change of
the greatest importance Is the proposed
limitation on the passage of appropria
tion bills. Under the existing Constitu
tion, the general appropriation bill, like
the general appropriation bill in Congress,
has been made the vehicle for the grossest
peculations in the public funds. Ab
senteeism often reduces the attendance to
a mere quorum, A bare majority of this
quorum can incorporate in the general ap
propriation bill, by amendment or rider,
any scheme for depleting the treasury.
" On the final passage of the bill, it must
be voted on as an entirety and unless it
receive the vote of a majority of all the
members elected to each house it is lost.
Appropriations necessary to carry on tbe
government are thus coupled with, and
made to abide the fate of, schemes of mere
peculation and plunder. Members are
compelled, against their convictions, to
vote for the bill including these obnoxious
items, or suffer a stoppage of the wheels of
government. To prevent this is the pur
pose of the new "provisions in sections
twentythree and twentyfive. Each item
of appropriation must stand on its own
merits and be voted on separately, by yeas
and nays, on the demand of any member.
If it fail to receive the constitutional ma
jority, it is to be stricken out. Thuseach
member is made personally responsible to
his constituents for the vote he may cast.
He can no longer have the pretense that
unless he vote for the bill, including the
obnoxious item, it must fail, and the gov
ernment suspend for want of funds.
Another check and safeguard is the
power vested in the Governor to veto any
item in the appropriation bill, and ap
prove the residue. It is belived that these
provisions will result in an annual saving
to the treasury of many thousands of
dollars. .
The only changes of any importance in
this Article are in the first, fourteenth
and fifteenth sections.
The time of electing the State efficers is
changed from October to November, bien
nially, for tbe reason already explained
nnder the foregoing article. Section four
teen requires the General Assembly to
provide by law for the case of vacancy oc
curring at the same time in the office of
Governor and Lieutenant Governor. Un
der the existing Constitution, an actual
abeyance of tbe Executive is by no means
an unlikely event. As the existing power
of tbe Lieutenant Governor to "vote
when the Senate is equally divided," has
become a subject of contention, it is so
modified by section fifteen as to remove
any fair ground .for jealousy of his con
trol hereafter. ... .
Chief among the purposes for which the
Convention was called was the reorgani
sation of the Judiciary. The accumula
tion of judicial business had blockaded
the courts. From one to two years was
required to reach the hearing of a cause
in the Common Pleas, and from five to
seven years in reaching an end in the ou
preme Court. This was a virtual denial
of justice, often working the bankruptcy
of litigants even -when successf,ul. Its
causes were obvious. The practice of
second trials duplicated the labors of the
Common Pleas Judges. The time which
ought to have been devote that Court
was diminished by their withdrawal from
one to three months in each year to re
view their own decisions in the District
Court; while tbe few days or hours allot
ted to this Court in each county rendered
its decisions a judicial farce, arid caused it
to tall into popular contempt, from a
general want of confidence in this Court,
a large proportion of the causes have
found their way to tbe Supreme Court,
and thus have overwhelmed it also.
To mature a system that will secure
siaDiiity, learning ana efficiency in me
courts; command public confidence and
respect; relieve existing, and prevent
future blockades; and of such flexibility
as to be readily adapted to the exigencies
of business, was the aim and effort of the
Convention, in is, it was neiievea, couia
be done by creating an independent tri
bunal intermediate between the Common
Pleas and Supreme Courts; lengthening
the judicial tenure so as to give it greater
stability, and to offer an inducement for
legal learning to accept it; requiring
semi-annual sittings of Circuit Courts in
each county: providing a commission to
dispose of the accumulated business of
the Supreme Court: and starting the Su
preme Court upon a new calendar.
Accordingly, it is proposed that the
State be divided into twelve Common
Pleas districts; that the fortysix Common
Pleas Judges provided for be distributed
to these districts and the subdivisions
thereof, according to their necessities;
that the judicial service of each district
be equitably apportioned among the
Judges therein; that quarterly terms of
tnia tJourt oe held in every county; and
that each Judge be required to annually
perform two hundred and forty days
labor, unless the business assigned to htm
be sooner disposed of.
It is further proposed that the General
Asembly shall provide by law for supply
ing tbe place of any Judge who may be
temporarily unable to attend to his du
ties; and in emergencies a J udge of one
district may oe transferred lor a time to
aid in another. The force thus provided.
if faithful to its official trust, and the peo
ple elect competent men. will be ample
tar discbarge all tbe business brought into
the courts, with promptness and delibera
tion, so that tbe delay of causes will be pre
vented, tbe attendance of witnesses from
term to term, at ' ruinous costs, avoided.
and speedy justice done without denial or
It is proposed te divide the State into
seven circuits, in each of which there
shall be a Circuit Court, to consist of three
Judges, two of whom shall be a quorum;
and that semi-annual terms thereof shall
be held in each county. It shall have
jurisdiction to review and correct the
findings and judgments of the1 Common
Pleas and other inferior courts. With a
wide scope of territory from which to se
lect competent Judges, with a power in
the Ueneral Assembly to diminish or aug
ment the capacity of this Court according
to necessity, and with a length of omcial
...... v.i bia:i;i. :
is believed that the Circuit Court may be-
come in all respects, except in authority,
the equal of the supreme Court, and com
mand such confidence and respect as to
satisfy most litigants and prevent them
from further prosecuting their controver-
thus relieving themselves from a
great additional expense, and the Su
preme Court from an excessive accumula
tion of causes. The Circuit Juderes may
serve in any part of the State; and as any
two ot them will form a quorum, it will
be seen that ten of these courts might be
held at the same time if necessary.
The Supreme Court remains unchanged.
except that the official term of the Judges
is extended to ten years. At the first elec
tion it is provided that' no elector shall
vote for more than three of the five Judges
of this Court. This method of election
was applied in New York in the choice of
the Court of Appeals, and is conceded to
have worked well. Each of the great po
litical parties is certain to elect a portion
of tbe Judges, and will therefore be re
sponsible for their character, integrity and
It is supposed that a better class
alimm will thus be secured, the
Court divested of
any appearance of po-
litical bias, and its decisions command a
more general and hearty commence.
The schedule submits to a separate vote
of the people, under tbe title " Proposi
tion number one Minority representa
tion," an additional section, by which, if
adopted, this method of election by the
restricted vote will be made peimanently
applicable to all elections of Judges of the
Supreme and Circuit courts for a full
term ; so that each elector can thereafter
vote for but three of the five Judges of
tbe Supreme Court, and two of the three
Judges of a Circuit Court. If this section
be adopted, the majority party in any cir
cuit wul generally elect two, and the mi
nority party one, of the Judges for that
circuit ; while the majority party in the
State will generally elect three, and the
minority party two, of the Judges of the
Supreme, Court so that the bench of
each of these Courts will thereafter be
composed of lawyers selected from .both
the greaf parties.
Vacancies on the bench of the Supreme
or Circujt Court will be filled by appoint
ment nstil the next biennial election,
wben, if this proposed method of electing
Judges ha adopted by the people, such va
cancies will be filled for tbe unexpired term;
otherwise, for the full term.
, Until fiie General Assembly shall other
wise provide, the salary of the Supreme
Judges is; temporarily fixed at five thou
sand dollars. In learning ami general
ability, these Judges ought to occupy the
first rank. It can hardly be expected,
however.ihat anen of this character will
sacrifice I he remunerative practice of
their profession for a position on the Su
preme Bench at a salary which scarcely
pays theirtexpenBes. They must remain
at the Cipital nearly the entire year,
where the boat of living has largely ad
vanced. Their families must be supported
and educated. When they Bhall have
ceased to s4rve the State they ought not
to be thrown penniless upon the world, to
begin professional life anew, and depend
upon regaining the business they sacrificed
to serve it. f While in office they are for
bidden to engage in any other employ
ment; they ought, therefore, to be reason
ably rewarded, so that something shall re
main to them when age and infirmity
shall come upon them. But the whole
matter is within the power of the General
Assembly, which may, at its first session,
reduce the salary if it see proper.
The business of the Supreme Court is
at least four years in arrear. . It would be
unwise to overwhelm the new Court by
casting this accumulation upon it. A
commission is therefore provided to clear
the docket. (Sec. 4.) It is also provid
ed (Sec 6) that a like commission may be
constituted in the future, but not oftener
than once in ten years, and thus relieve
against a recurrence of a blockade with
out invoking a convention.
Alarming complaints of official extor
tion in the offices of some of tbe Probate
Judges and Common Pleas Clerks reach
ed the Convention. Believing that the
change would be conducive to official in
tegrity, it is provided that the Probate
Judges 'and Common Pleas Clerks shall
hereafter be salaried officers, and that all
their official fees be paid into the county
treasury. It is required that each judge
shall annually report to the General As
sembly the number of days he shall have
been actually employed during the year,
so that the judicial force may be aug
mented or diminished as necessity de
mands. It is also provided that the in
toxication of a judge during term, or
while officially engaged, shall work a for
feiture of office.
The foregoing is an outline of the new
features in the proposed judicial system.
It will be seen that the appelate juris
diction of the Supreme and Circuit
Courts, and the whole jurisdiction of the
Common Pleas, is left broadly and exclu
sively in the control of the General As
sembly. It is believed that by wise legis
lation, in putting the system into effect,
it can be made to fully meet the public
demand and expectation.
The word "white," as a qualification of
electors, has been stricken out of the first
section. The existing provision that per
sons stationed at any military or naval
station within the State shall not thereby
gain a residence, has been substituted by
the general rule stated in section six, ap
plicable to all cases of temporary pres
ence or absence. And in section seven
provision is made for the exercise of the
right of suffrage by electors in the milita
ry service of the United States.
This Article is so amended as to provide
(Section three) that women may be elected
to any school offices except that of State
Commissioner of Schools.
1 i
-I - ffv.u.wg u U1ICLIU1B
of public institutions is taken from the
i i . i ... .
vrovemur, ana me government of all the
public institutions is remitted to the Gen
eral Assembly. In addition to the insti
tutions established by the present Consti
tution, provisions for the incurable insane,
for a reform school for boys, and a bouse
of discioline. are mailA Tor-m an.nt strik
er institutions are recognized in section
two, but their continuance is left at the
discretion of the General Assembly.
This Article has been amended by
adding to the seventh (7th) section a pro
vision forbidding the nse of any part of
the sinking fund except in payment of
the btate debt. In place of the present
Board, consisting of three members, one
"Superintendent of Public Works" is to
be elected every four years as lomr as mav
be necessary. The sixth (6th) section of
this Article cuts on the nse of public
money or credit, not only in any joint
stock company, corporation or associa
tion, but also in the construction or pur
chase by a county, township, city or vil
lage, oi any railroad or canal, even
though the same be wholly owned by such
municipality. A clause entitled "Propo
sition number two Railroad aid," is
submitted in the Schedule separate from
other parts or the constitution, which, if
adopted, will modify section six (6) by
permitting the General Assembly to pass
laws authorizing public aid to companies
in the construction of railroads within
this State, subject to many conditions and
restrictions, of which the following are
perhaps the most important, to-wit: Such
aid can not be given by counties, but only
dv townships, cities or incorporated vil
lages, on a vote of not less than two
thirds, and, in specific instances, three
fourths of the electors. ' Debts created for
such purposes shall never, at any one
time, exceed live per cent, of the taxable
property of the township, city or village,
nor bear a greater interest than seven ner
cent.; and taxes levied on account of such
aid or debts shall not exceed one per cent,
of such taxable property in any year. The
part of the work on which the aid is to
be expended must be definitely located
before the election, and security given for
its completion before the aid is granted.
The word "white" is stricken out of this
Article, so that all able-bodied citizens
shall be liable to military duty. A limit
ed exemption to, those who have conscien
tious scruples is 'allowed upon payment of
an equivalent into the school fund. All
officers above the rank of captain, except
the stan of general officers and colonels,
are hereafter to be appointed bv the Gov
ernor; but major and brigadier generals
must oe appointed with the advice and
consent of the Senate.
Every county and township Is declared
to be a body corporate, thus fixing their
nitnerto inaeterminate status in this re
spect. Their, organization, powers and
liabilities are to be prescribed by the Gen
eral Assembly. County officers are to be
elected in November and for a term not
exceeding four years a change to con
form to the biennial election system.
County auditors, treasurers, and prosecut
ing attorneys are to be paid by fixed sal
aries, and not by fees. Township officers
are to be elected at such time as the Leg
islature may prescribe, and hold office not
exceeding three years.
Power is also given to counties and
townships to levy local taxes and assess
ments for roads, ditches and water courses,
as well as police purposes.
The new Constitution preserves all the
limitations upon municipalities contained
in the existing Constitution, and adds
others, as follows :
1. The General Assembly is required to
provide for classifying municipal corpora
tions in not exceeding six classes, and to
define the powers of each by general laws
applicable only to municipalities of the
same class; and thus prevent the subter-
fuges by which special legislation has
been bad for particular towns and vil
lages under the present Constitution.
2. No property can be assessed more
than ten per cent, of its taxable value in
any one year, nor more than fifty per cent,
of its highest taxable value in any ten
years. But this provision is not applica
ble to any city tbe debt of which already
equals ten per cent, of its tax duplicate,
until the next valuation of real estate for
3. The debt of a municipal corporation
shall never be increased beyond five per
cent, of its tax duplicate, unless the in
crease and its object be authorized by
threefourths of the electors of such cor
poration; and the debt shall in no event
exceed ten per cent, of such duplicate.
In computing the debt there is to be in
cluded a sum the interest of which at Bix
per cent, will yield the aggregate amount
of all rents paid by such corporation for
parks or other leased property. This limi
tation is qualified so as not to apply to
debts necessarily incurred for military
purposes in time of war; nor to debts in
curred to complete works already author
ized and actually begun; nor to a corpora
tion borrowing money in anticipation of
assessments levied but not collected; nor
to a corporation the debt of which al
ready exceeds ten per cent., until the first
valuation of real estate after the adoption
of the Constitution.
4. Money raised by taxation, assess
ment or loan for one purpose, shall not
be diverted to another.
5. No tax or assessment shall be levied
or debt contracted by a municipal corpo
ration unless in pursuance of law and for
public purposes authorized by law, except
as may oe otherwise provided in the Con
stitution. ;
6. Municipal corporations shall' not
condemn private property for any pur
pose until compensation be first made in
money or secured by a deposit of money.
None of the provisions of the present
Constitution respecting private corpora
tions have been touched, except Section
7 of Article 13, which has been modified
as follows : As the section stands in the
present Constitution, it forbids the taking
effect of a law authorizing associations
with any banking powers whatsoever un
til it has been submitted to and ratified
by the people. This was thought to be
unnecessarily stringent, and was therefore
modified so as to permit the General As
sembly to authorize banking associations
without a vote of the people, except where
it is proposed that such associations may
issue paper money, in which case the re
quirement of the present Constitution is
continued. 1
Numerous important additions have
utreu uiwic respecting private corporations,
which are in general terms as follows :
l. ine redemption of any paper
money issued in this state must be lully
secured by the deposit ' of bonds of the
T . fi. . . .. m .
umtea states and ot thebtate ot unto.
2. In the election of directors of every
private corporation each shareholder shall
have as many votes as the number of his
shares multiplied by tbe whole number of
directors of the corporation, and may cast
them all for one candidate or distribute
them as he may see fit so that, if there
be thirteen directors, the holders of one
thirteenth of the stock can combine their
votes on one candidate and elect him
thus securing to stockholders representa
tion in the board in exact proportion to
their stock and preventing a majority
from excluding the minority from all
voice in the board or knowledge of .its
proceedings and purposes,
3. Foreign corporations are to be sub
ject to the same regulations, limitations
and liabilities as like domestic corpora
tions, but cannot be authorized to con
demn private property.
4. Corporations created prior to May
1, 1852, must reorganize subject to tbe
provisions of tbe new Constitution, or be
debarred all benefit of laws passed or to
be passed since that date, except laws
regulating judicial procedure.
5. Every officer or agent of a railroad
company is prohibited irom being inter
ested in any manner in the receipts, con
tracts or earnings of such company, ex
cept as -an ordinary shipper, passenger,
stockholder, bond creditor or employe ; or
in any arrangement-which shall afford
better terms or facilities than are given
the general public.
6. One railroad company cannot con
solidate with another having a parallel or
competing line, nor lease, purchase or
control such line j and no railroad com
pany may do business in Ohio if it shares
its earnings in any manner with a com
pany owning or controlling a parallel or
competing, line in this State; the object
of this provision being to secure to the
public the benefit of competition.
7. No foreign corporation is permitted
to do a business of telegraphing, mining,
manufacturing or insuring in Ohio, with
out having an office in tbe State where
legal process may be served ; nor after it
shall have, on the ground of citizenship,
removed a suit agaiust it from a State to a
Federal Court.
8. The General Assembly is required to
pass laws to correct abuses, and prevent,
by adequate penalties and forfeitures, un
just discrimination and excessive charges
by railroad companies in transporting
freight and passeugers.
9. Corporations are prohibited increas
ing their stock or bonded indebtedness
except for full value in money, property,
or labor.
10. Railroad companies are prohibited
charging, except for excursion or com
mutation tickets, to any station, more in
gross than is charged for the same class
and amount of transportation in the
tine direction to a more distant station.
No change has been made in tbe general
principle that all property shall be taxed
uniformly, according to its value in
money; the mode of ascertaining such
value to be determined by rules of ap
praisement prescribed by the General
Assembly. The exempted class, with the
addition of public libraries, remains as
under tbe existing Constitution, depend
ent exclusively on the pleasure of the Leg'
It was deemed advisable to authorize
the General Assembly to adopt other
plans of taxation, the mode andltime for
the inauguration of tbe same being left to
their discretion. The principal features of
tbe proposed new systems are embodied
in section five. By virtue of this clause,
the General Assembly may impose taxes
by license, excise, or otherwise, and
may tax franchises and incomes
derived from investments, where the
principal from which the income is de
rived cannot be taxed. In anticipation of
tne future needs oi tbe State, and with the
intent, if practicable, to prevent a too
great increase of the weight of taxation on
the property of our people, it is thought
to be good policy to open up other sources
of revenue, baaed on business employment
and professional callings, and from invest
ments of capital outside of the State or in
securities which escape their Btaare of the
general burden. This system of taxation
has, in part, been adopted in many of the
older commercial States, and has contrib
uted a large item in their annual reve
nues. Banks and bankers are to be taxed on
capital employed and on business done,
under such equitable rules as may be pre
scribed by the General Assembly, so that
they may share equally with others in the
burdens of taxation.
A provision is inserted in this Article
(Sec. 7) for the protection of the wool in
terest of the State from the ravages of
dogs and for securing, by special taxes or
assessments on those animals, a fund out
of which to compensate for annual losses
from destruction of sheep.
' The general principle of a decennial
and self-adjusting apportionment for the
election of Senators and Representatives,
after each federal census, is preserved;
but the divisor for the ratio of represen
tation is increased in the Senate to thirty
seven, and in the House of Representa
tives to one hundred and five, which, sub
ject to variations occasioned by fractional
ratios, will therefore constitute the number
of members of the respective houses. A
new apportionment of the State into Sena
torial and Representative districts for the
current decade is also submitted in this
Article, which we believe to be fair to
each political party in the State, and as
nearly so to each section as practicable.
About half of the Convention favored
the division cjall the large counties into
single Senatorial and Representative dis
tricts, conforming to the single districts
of the rest of the State. After much dis
cussion, a substitute for that proposition
was finally agreed to, by a vote made up
about equally of both political parties,
giving the minorities of those localities
representation by applying the cumula
tive method of suffrage in the election of
Senators and Representatives in all coun
ties where more than two are to be
chosen. This provision is- general and
permanent in its intention and scope. At
present it only affects Hamilton and Cuy
ahoga counties, but from 1876 to 1880 it
will apply to Franklin and Montgomery,
which will each choose three Representa
tives ; and after tbe next apportionment
it -will apply to Hamilton, Cuyahoga,
Franklin, Montgomery, Lucas, Belmont,
Butler. Columbiana, Stark, and probably
other of the large and rapidly growing
Bv this method of sunrage, each elector
casts as many votes for Senators or Rep
resentatives as there are officers of that
class to be chosen in his county or dis
trict, and may give them all to one candi
date or distribute them among several, as
he may see fit. For instance, Cuyahoga
county elects five Representatives; and a
voter there may cast five votes for one
candidate, or two votes for one and three
for another; or may otherwise distribute
his votes, or equal parts thereof, among
any number of candidates from one to
five. Thus, onefifth of the voters having
the name of only one candidate on their
ticket can elect him; twofifths having the
name of but two candidates on their
ticket can elect them; and threefifths,
uniting on three candidates, can elect
them. In short, by this method of suf
frage, each of the political parties in
Cuyahoga county, which comprises in its
ranks as much as onefifth of the electors,
can secure representation in the House
of Representatives in due proportion to
its numbers. So also with the election of
the four Senators and ten Representatives
in Hamilton county; the three Represent
atives in Franklin and Montgomery; and
the Representatives and Senators in the
several other counties which from time to
time will come within the operation of
tois section.
The friends of minority representation
in the Convention generally preferred this
cumulative method of suffrage in electing
Senators and Representatives, and the re
stricted method in electing Judges. The
reason for the distinction was, that by the
cumulative method each political party,
however small, which comprises in its
ranks a ratio for one Senator or Represen
tative, can elect one; and it is proper and
expedient that it should have that voice
in the representative assembly of the
State. But it was not thought expedient
to put it in the power of a small party or
taction, combining on some speciaj inter
est or theory, to choose one of the Judges
of the highest courts. Therefore the re
stricted vote was adopted as to the elec
tion of Judges, by which over forty per
cent, of the votes are required to elect one
out of three, and thirtyseven per cent, to
elect one out of five.
The judicial apportionment is tempo
rary in its character, being subject to al
teration at the will of the General Assem
bly; and is designed to make such group
ing of counties and distribution of judi
cial force as will be fair to the political
parties, disturb as little as practicable
existing business relations, and insure dis-
patcn in tne transaction of tbe public
The fourth section provides in effect
that women ntnw Ka m nrvii n ttA in inv
except an elective, office. Section six is
wiciiuni to prevent gratuities to the om
cers therein specified; and section ten to
secure the lives, health and safety of per
sons en?affed in mining a hainar nenn.
liarly exposed to dangers which the State
i i) , . .
suouiu. guara against.
This Article proposes to abolish that
provision of tbe present Constitution
which contemplates the assembling of a
Constitutional Convention every twenty
years. The expediency of holding such
Convention in future is thus left to the
discretion of the General Assembly. . It is
further provided that the Legislature may
either propose amendments or call a Con
vention, by a vote of threefifths of its
members, instead of twothirds, as now
The Schedule provides that the Consti
tution, if adopted, shall take effect on the
first day of October next. The entire sys
tem of courts of general jurisdiction hav
ing been remodeled, it was deemed proper
to inaugurate the new system by electing
all the judges of these several courts at
the same time. Hence it is provided that
the first election for Judges of the Su
preme. Circuit and Common Pleas Courts
shall be held on the second Tuesday of
uctooer next, that being the day hxed by
existing law ior tne election ot members
of the next Congress.
The Constitution is framed with a view
to biennial elections. As the elections for
members of Congress, as fixed by Federal
authority, will, after this year, be held on
the Tuesday succeeding the first Monday
in November in every year of even num
ber, it became necessary, in order to avoid
annual general elections, or two general
elections in one year, to provide for hold
ing Slate and county elections on the
same day and year, ilns is done, and
will be carried into effect at and after the
election in tbe year 1876. As tbe election
in 1875 is a departure from this general
policy, intended merely to fill the offices
that will become vacant till the general
election in 1876, it is properly designated
a "special election." (Sec. 6.)
The jurisdiction of the Probate Court
remains unchanged; and as it has no
necessary connection with the other
courts, the term of the Judges now in
office is extended to January, 1877. Their
successors will be elected in November,
Upon tbe adoption of this Constitution.
it is made the duty of the Governor to ap
point a commission of three persons to re
vise and codify the general laws of the
btate, so that there shall be but one law
upon one subject. . This work, properly
executed, will be of great benefit.
. The Constitution is required to be sub
mitted to the electors on the 18th day of
August next. 1 he manner in which the
result of such submission shall be ascer
tained and declared is specified in sec
tions 12 and 13.
In addition to Ahe other separate propo
sitions to which reference has been made
under the titles "Onr Courts," "Public
Debt and Public Works," provision is
made for separately submitting a third
proposition, relating to the traffic in in
toxicating liquors. This is separated into
two alternate propositions. The first au
thorizes the grant of license to traffic in
spirituous, vinous and malt liquors un
der such regulations and limitations as
shall be prescribed by law; the second
forbids the grant of any license for such
purpose. All votes cast "For license"
will be counted for the first proposition,
and all "Against license" for tbe second;
and the one having the larger vote will
be declared adopted. .
Rurus Kino,
S. J. Andrews,
William Sample,
W. H. Wet,
John A. Smith,
C. H. Scribner,
Thomas Ewino,
Proposed Constitution of Ohio,
As Agreed Upon by the Convention, at
Cincinnati, on the 14th Day of May,
A. D. 1874.
We, the people of the State of Ohio,
grateful to Almighty God for our free
dom, to secure its blessings and promote
our common welfare, do establish this
Section 1. All persons are by nature
free and independent, and have certain
inalienable rights, among which are those
of enjoying and defending life and lib
erty, acquiring, possessing and protecting
property, and see lung ana oouuning Hap
piness and safety.
Sec. 2. All political power is inher
ent in the people. Government is insti
tuted tor their equal protection ana bene
fit, and they have the right to alter, re
form or abolish the same whenever they
may deem it necessary ; and no special
privileges or immunities shall ever be
granted, that may not be altered, revoked
or repealed by the general assembly. .
DEC. o. i ne people nave tne rignt to
assemble together in a peaceable manner,
to consult for their common good ; to in
struct their representatives, and to peti
tion the general assembly for the redress
of grievances.
Sec. 4. The people have the right to
bear arms for their defense and security;
but standing armies in time of peace, are
dangerous to liberty, and ah ail not be
kept up; and the military shall, be in
strict subordination to the civil power.
Sec. 6. The right of trial by jury
shall be inviolate; out in civil cases, in
courts inferior to the common pleas.
in which the amount in controversy does
not exceea one nunored dollars, or the
right of appeal to the court of common
pleas is given, a jury of not less than six
persons may be provided lor by law.
Sec. 6. There shall be no slavery in
this State; nor involuntary servitude, un
less lor the punishment of crime.
Sec. 7. All persona have a natural
and indefeasible right to worship Al
mighty God according to the dictates of
their own conscience. No person shall be
compelled to attend, erect or support any
place of worship, or maintain any form
of worship, against his consent ; and no
preference shall be given, by law, to any
religious society ; nor shall any interfer
ence with the rights of conscience be per
mitted. No religious test shall be re
quired as a qualification for office; nor
snail any person be incompetent to be a
witness on account of his religious belief;
but nothing herein shall be construed to
dispense with oaths and affirmations. Re
ligion, morality and knowledge, however,
being essential to good government, it
shall be the duty oi the general assembly
to pass suitable laws to protect every
religious denomination in ' the peaceable
enjoyment of its own mode of public-worship,
and to encourage schools and the
means of instruction.
Sec. 8. The privilege of the writ of
habeas corpus shall net be suspended, un
less, in case of rebellion or invasion,
the public safety require t, and then only
in such manner as shall be prescribed by
law. a
Sec. 9. . All persons shall be bailable
by sufficient sureties, except for capital
offenses where the proof is evident, or the
presumption great. Excessive bail shall
not be required; nor excessive fines im
posed; nor cruel and unusual punish
ments inflicted.
Sec. 10. Except in cases -of impeach
ment, and cases arising in the army or
navy, or in the militia when in actual
service in time of war or public danger,
and in case of petit larceny and other in
ferior offenses, no person shall be held to
answer for a capital, or other infamous
crime, unless on presentment or indict
ment of a grand jury. In any trial, in
any court, the party accused shall be al
lowed to appear and defend in person and
with counsel ; to demand the nature and
cause of the accusation against him, and
to have a copy thereof; to meet the
witnesses face to face, and to have com
pulsory process to procure the attend
ance of witnesses in his behalf, and a
speedy public trial by an impartial jury
of tbe county or district in which the
offense is alleged to have been committed;
nor shall any person be compelled, in a
criminal case, to be a witnesss against
himself, or be twice put in jeopardy for
the same offense.
Sec. 11. Every citizen may freely
speak, write and publish his sentiments
on all subjects, being responsible for the
abuse of the right ; and no law.shall be
passed to restrain or abridge the liberty
of speech, or of the press. In all crimi
nal prosecutions for libel, the truth may
be given in evidence to the iurv. and if it
shall appear to the jury that the matter
charged as libelous is true, and was pub
lished with good motives, and lor justin
able ends, tbe party shall be acquitted.
Sec 12. No person shall be transport
ed out oi tne Mate, ior any otiense com
in it ted within the same; and no con vie
tion shall work corruption of blood or
forfeiture of estate.
Sec. 13. No soldier shall,' in time
peace, be quartered in any house without
the consent of the owner ; nor in time
war, except in the manner prescribed by
Sec. 14. The right of the people to be
secure in their persons, bouses, papers and
possessions against unreasonable searches
and seizures shall not be violated ; and no
warrant shall issue but upon probable
cause, supported by oath or aturniatiou,
particularly describing the place to be
searched, and the person and things to be
Sec. 15. No person shall be imprison
ed for debt in any civil action, on mesne
or hnal process, unless in case of iraud.
Sec. 16. All courts shall be open; and
every person, for an injury done him in
his land, goods, person or reputation,
1..11 . t, f i.
and justice administered without denial
or delay.
Sec. 17. No hereditary emoluments,
honors or privileges shall ever be granted
or conferred bv this state.
Sec. 18. No power of suspending la ws
shall ever be exercised, except by the
general assembly.
Sec. 19. Private property shall ever
be held inviolate, but subservient to the
public welfare. When taken in tirrfe of
war or other public exigency, impera
tively requiring its immediate seizure, or
for the purpose of making or repairing
roads, which shall be open to the public
without charge, other than, streets and
highways in cities and incorporated vil
lages, a compensation shall be made to
the owner in money; and in all other
cases, where private property shall be
taken for public use, a compensation
therefor shall first be made in money, or
first secured by a deposit of money ; and
such compensation shall be assessed by a
jury, without deduction for benefits to any
property ot the owner.
Sec. 20. Jurisdiction to charge prop
erty or affect rights in judicial proceed
ings shall not be acquired by publication
only, unless upon or after making proof
of such publication it shall be found by
the court that the residence and post
office address of the party to be affected
are unknown, and cannot be ascertained
by reasonable dilligence.
Sec. 21. This enumeration of rights
shall not be construed to impair or deny
others retained by the people; and all
powers not herein delegated remain with
the people.
Section 1. The legislative power
shall be vested in a general assembly,
which shall consist of a senate and house
of representatives.
Sec. 2. Senators and representatives
shall be elected biennially by the electors
in the respective counties or districts, on
the Tuesday succeeding the- first Monday
in November: their terms of office shall
commence on the first day of January
next thereafter, and continue two years.
Sec 3. Senators and representatives
shall have "resided in their respective
counties or districts one year next pre
ceding their election, and shall continue
to reside therein during their terms of
Sec. 4. No person holding office under
the authority of the United States, or any
lucrative, office under the authority of
this state, shall be eligible to, or have
a seat in the general assembly ; but this
provision shall not extend to township
officers, justices of thejpeace, notaries pub
lic, or officers of the militia ; nor shall
any person interested in a contract with,
or unadjusted claim against the state, hold
a seat in the general assembly.
Sec 5. No person convicted of em
bezzlement of the public funds shall hold
office in this state; nor shall any person
holding public money have a seat in the
general assembly until he shall have ac
counted for such money and paid it into
the treasury.
Sec. 6. Each house shall be judge of
the election, returns and qualifications of
its members; a majority of the members
elected to each house shall be a quorum
to do business, but a less number may
adjourn from day to day, and compel the
attendance of absent members, in such
manner and nnder such penalties as shall
be prescribed by law.
Sec 7. The mode of organizing the
house of representatives at the commence
ment of each regular session shall be
prescribed by law.
Sec 8. Each house, except as other
wise provided in this conititution, shall
choose its officers; may determine its
rules of proceeding, punish its members
for disorderly conduct, and, with the con
currence of two-thirds of the members
elected thereto, expel a member, but not
a second time for the same cause ; and
shall have other powers secessary to pro
vide for its safety and the undisturbed
transaction of its business. -
Sec. 9. . Each house , shall ' keep a
journal of its proceedings, which shall be
published, and on which, at the request
of two members, the yeas and nays shall
be entered. On the passage of every bill
or joint resolution, in each house, the vote
shall be teken by yeas and nays, and en
tered on the journal. No bill or joint
resolution, except joint resolutions relat
ing to the course of business in the gen
eral assembly, shall be passed in either
house, without the concurrence of a ma
jority of the members elected thereto.
bEC. lu. Any member of either house
shall have the right to protest against any
act or resolution thereof, and such pro
test, ana the reasons therefor, shall, on
being presented to such house, be entered
on the journal by the clerk, without al
teration, commitment or delay.
fEC 11. All vacancies in either house
shall, for the unexpired term, be filled by
election, as snail oe directed by law.
Sec. 12. Senators and representatives.
during the session of the general assem
bly, and in going to and returning from
the same, shall be privileged from arrest
in all cases, except treason, felony or
breach of the peace; and for any speech
or debate, in either house, shall not be
questioned elsewhere.
bEC. 16. lhe proceedings of both
houses shall be public, except in cases
which, in the opinion of two-thirds of the
members present, require secrecy.
dec 14. J either house shall, without
the consent of the other, adjourn for more
than two days. Sundays excluded, nor to
any other place than that in which the two
houses shall be in session.
Sec. 15. No law shall be passed, ex
cept by bill. Bills may originate in
either house, but may be altered, amended
or rejected in the other.
oec lb. r,very bill shall be fully and
distinctly read on three different days,
unless, in case of urgency, three-fourths
of the members elected to the house in
which it shall be pending, by a vote by
yeas and nays, entered on the journal,
dispense with this rule: but the reading
of a bill on its final passage shall in no
case be dispensed with. No bill shall
contain more than one subject, which shall
be clearly expressed in its title : and no
1 1 1 1 1 ; 1 1 1 i f
law Dunn in reviveu or amenueu unless
the new act contain the entire act revived,
or the section or sections amended ; and
the section or sectionc so amended shall
be repealed.
Sec. 17. The presiding officer of each
house shall sign, public! v. in the pres
ence of the house over -which he presides,
l .1. - - j l
wnuti me same is in session, ana capaDie
of transacting business, all bills and joint
resolutions passed by the general assem
bly. Sec 18. Every bill passed by the gen
eral aasemDiy snail ue: presented to the
i' . i.vj A. hj.iiu . v 11 J Dllllll piii f
and thereupon it shall become a law. If
not approved, he shall send it, with his ob
jections iu writing, to tbe house where it
originated, which may theu reconsider
the Dte on the passage of the same. If
three-fifths of the members elected to that
house then agree to repass the bill, it
shall be sent, with the objections of the
governor, to the other house, which may
also reconsider the vote on its passage.
If three-fifths of the members elected to
that house then agree to repass the same,
it shall become a law ; but the vote nec
essary to repass such bill, in each house,
shall not be less than that required on the
original passage. The vote in each bouse
shall be by yeas and nays, entered on the
journal thereof. If a bill shall not be re
turned by the governor within ten days,
bundays excepted, after being presented
to him, it shall become a law, unless the
general assembly bv adjournment prevent
its return : in which case it shall be hied
by liini with his objections in the office of
the secretary of state within ten days
after such adjournment, or become a law.
The governor may disapprove any item
or items of aDnronriation contained in
bills passed by the general assembly, and
the item or items so disapproved shall be
stricken therefrom, unless repassed in the
manner herein prescribed in cases of dis
approval of bills. Every order or resolu
tion, in which the concurrence of both
branches of the general assembly may be
necessary, except on questions of adiourn
ment, or pertaining to the transaction of
business by the houses, shall be presented
to the governor, and, before tbe same shall
take effect, be approved by him, or, being
disapproved, shall be repassed in the man
ner herein prescribed lor the repassage oi
Sec. 19. The style of the laws of this
state shall be, "Be it enacted by the Gen
end Assembly of the State of Ohio."
Sec 20. No senator or representative
shall, during the term for which he shall
have been elected, or for one year there
after, be appointed to any civil office un
der the laws of this state, which shall be
created or the emoluments of which shall
be increased during such term.
Sec. 21. The general assembly shall
fix the term of office and compensation
of officers in cases not provided lor in this
constitution ; but shall not extend the
term of office, or change the salary, fees
or compensation of any person elected or
appointed to any office or position after
such persons shall have been elected or
appointed. If any 'office be abolished,
the salary or compensation attached
thereto shall thereupon cease.
Sec. 22. The general assembly shall
provide by law before what authority and
and in what manner the trial of contest
ed elections shall be conducted.
Sec 23. No money shall be drawn
from the treasury except in pursuance . of
specific appropriation made by law, the
purpose of which shall be distinctly
stated in the bill ; and no appropriation
shall be "for a longer period than two
years. On the passage of such bills, or
on concurring in amendments thereto, a
separate vote on any item or itemB there
in shall, on demand oi any member, oe
had by yeas and nays, entered on the
journal ; and every such item, failing to
receive the vote of the requisite majority
of the members elected to the house in
which the bill is pending, shall be strick
en therefrom, and each.. item receiving
such majority shall be declared passed.
Sec. 24. The general assembly shall
prescribe by law the' number, duties and
compensation of the officers and employes
of each house ; and no payment shall be
made from the state treasury, or be in
any way authorized, to any officer or em
ploye not elected or appointed in pursu
ance of law.
Sec. 25, No extra compensation shall
be made to any officer, public agent, em
ploye or contractor after tbe service shall
have been rendered or the contract enter
ed into ; nor shall any money be appro
priated or paid on any claim, the subject
matter of which shall not have been pro
vided for by pre-existing law, unless such
compensation or claim be allowed by bill,
passed by two-thirds of the members
elected to each branch of the general as
sembly. No. provision authorizing the
expenditure or payment of money for any
Jiurpose not provided for by pre-existing
aw shall be included in any bill making
appropriations for a purpose which shall
have been so provided for; nor shall more
than one class of coupon sa tion or claims
be included in the same bilL Every ap
propriation for the psymentof such com
pensation or claim, included in an act
making appropriations of a different class,
shall be void.
Sec 2d. The house of representatives
shall have the sole power of impeach
ment, but a majority of the members
elected must concur therein. Impeach
ments shall be tried by the senate, and
the senators, when sitting for that pur
pose, shall be upon oath or affirmation to
do justice according to law and evidence.
When the governor is on trial, the chief
justice of the supreme court shall preside.
No person shall be convicted without the
concurrence of two-thirds of the senators.
Sec 27. The governor, judges and all
state officers may be impeached for mis
demeanor in office; but judgment shall,
not extend further than removal from
office, and disqualification to hold office
under the authority of this state. The
party impeached, whether convicted or
not, shall be liable to indictment, trial
and judgment, according to law.
Sec 28. All regular sessions of the
general assembly shall commence on the
first Wednesday of January, annually.
Sec 29. All laws of a geaeral nature
shall have a uniform operation through
out the state. No act or part of an act,
except such as relates to public schools,
public buildings or public bridges, hall
be passed to take effect upon a vote of the
people to be affected thereby, or upon the
approval of any other authority than the
general assembly, except as otherwise pro
vided in this constitution ; nor shall any
act be passed conferring special powers or
privileges upon any ceunty, township,
city, village or other municipality, nor
conferred epon all eouii.ties, townships,
cities, villages and municipalities of the
same general class.
Sec. 30. The election and appoint
ment of all officers, and the filling of all
vacancies, not otherwise provided for by
this constitution or the constitution of the -United
States, shall be made in such
manner as may be directed by law ; but
no appointing power shall be exercised by
the general assembly, except as prescrib
ed in this constitution, and in the election
of United States senators; and in these
cases the vote shall be taken viva voce.
Sec. 31. Tho general assembly shall
nave no power to pass retroactive laws, or
laws imparing the obligation of contracts ;
but may , by general laws, authorize courts
to carry into effect, upon such terms as
shall be just and equitable, tho manifest
intention ot parties and officers, by cur
ing omissions, defects and enors in instru
ments and proceedings arising out of their
want of conformity to the laws of this
Sec. 32. No new county shall contain
less than four hundred square miles of
territory, nor shall any county be reduced
below that amount ; and all laws creating
new counties, changing county lines or
removing county seats, shall, before taking
effect, be submitted to the electors of the
several connties to be affected thereby, at
the next general election after the passage
thereof, and be adopted by a majority of
all the electors voting at such election in
each of said counties; but any county
now or hereafter containing one hundred
thousand inhabitants may be divided
whenever a majority of the voters resid
ing in each of the proposed divisions
shall approve the law passed for that pur
pose ; but no town or city within the
same shall be divided ; nor shall either of
the divisions contain less than twenty
thousand inhabitants.
Sec 33. The members of tbe general
assembly shall receive a fixed annual sal
ary and mileage to be prescribed by law,
and no other allowance or perquisites,
either in the payment of postage or other
wise ; and no Change in their compensa
tion shall take effect during their term of
office, but the general assembly shall pro
vide for ratable deductions therefrom 'on
account of unnecessary absence during
its sessions.
Sec 34. The general assembly shall
grant no divorce, nor exercise any judi
cial power not herein expressly conferred.
Section 1. The executive department
shall consist of a governor, lieutenant
governor, secretary of state, treasurer of
state, auditor of state and attorney gen
eral, who shall be chosen by the electors
of the state on the 1 ncmlay succeeding
the first Monday of November, at the
places of voting for members of the gen
eral assembly.
Sec 2. The officiaf terms of the gov
ernor, lieutenant governor, secretary,
treasurer and attorney general, shall be
n . .. .1 ( Ud 1 1 . .1 . n V f.l.. V.,M
I.U , aim Ul HIV. .in" . i " i v " '
and shall commence on the second Mon
day of January next after their election,
and continue nntil their successors are
elected and qualified.
Sec 3. The returns' of every election
for the officers named in the foregoing -section,
shall be sealed up and transmit
ted to the seat of government by the re
turning officers, directed to the president
of the senate, who, during the first week
of the session, shall open and publish -them,
and declare the result in the pres
ence of a majority of the members of each
house of the general assembly. The per
son having the highest number of votes
shall be declared elected ; but if two or
more shall be highest, and have an equal
number of votes for the same office, one
of them shall be chosen by the joint vote
til uuiu liuusce.
Z 1. . 1 1
Sec. 4. The supreme executive power
of the state shall be vested in the gov
ernor. Sec. 5. He may require information
in writing from the officers of the execu
tive department upon any subject relat
ing to the duties of their respective oth-
ces ; and shall see that the laws are faith
fully executed.
to EC o. tie shall by message coram u-
nicate to the general assembly, at every
session, the condition oi tne state, ana re
commend such measures as he may deem
Sun 7 Tin mav. nn extraordinary oc
casions, convene the general assembly by
proclamation, and shall state to both
houses, when assembled, the purpose lor
which they have been convened.
Sec. 8. In case of disagreement be
tween the two houses in respect to the
time of adjournment, he shall have
power to adjourn the general assembly to '
such time as be may think proper, but not
beyond the regular meetings tnereoi.
Sec. 9. He shall be commander-in-
chief of the military and naval forces of
the state, except when they shall oe canea
into the service of the United States.
6ec. 10. He Bhall have power, after
conviction, to grant reprieves, commute-
tions and pardons tor ail crimes ana oi
fenses, except treason and cases of im
peachment, upon such conditions as he- .
may think proper; subject, however, to
such regulations, as to the manner of ap
plying for pardons, as may be prescribed
by law. Upon conviction for treason, he
may suspend the execution of the sen
tence, and report the case to tbe general
assembly at its next meeting, when the
general assembly shall either pardonr
commute the sentence, direct its execu
tion, or grant a further reprieve. He
shall communicate to the general assem
bly, at every regular session, each case ot
reprieve, commutation or paraon, wna
his reasons therefor, stating the name and.
crime Of the convict, tne sentence, in
date and the date of the commutation,
pardon or reprieve.
Sec. 11. A seal of the state shall be
kept by the governor, used by him offi-
J 1 1 . J UTl.- fi - I !.-.'
ciaiiy, ana caiieu iuc uirb uut ui wiv
Bute of Ohio." .
Sec. 12. All grants and commissions
shall be issued in tbe name and by tbe
authority of the state of Ohio, sealed with
the great seal, signed by the governor,
and countersigned by the secretary of
Sec. 13. No member of congress, or
other person holding office under the au
thority of this state or ot the United

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